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(영문) 창원지방법원 진주지원 2017.09.13 2017고단156

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 14, 2014, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Jinwon District Court's Jinju branch on the charges of violation of the Punishment of Violences, etc., and completed the execution of the sentence on September 29, 2015.

1. Crimes against victims C;

A. On September 24, 2016, the Defendant infringed upon a structure: (a) opened the entrance door of the said vinyl house; (b) opened the said vinyl house, which was not corrected for the time of drinking, by searching water located in the said vinyl house, in the said vinyl house, at the instant vinyl house located in the city of the victim C located in Gyeongnam-si, Jin-si; and (c) intruded into the structure managed by the victim

B. On September 24, 2016, the Defendant thefted the victim C’s market value located in the instant plastic house with one half of the net amount equivalent to one million won in the market value owned by the victim C, one of 1,50,000 won in the market value, one of 18k macks with 18,50,000 won in the market value, and one of 18,000 macks with one half of 18,00 won in the market value.

2. On September 24, 2016, at night, the Defendant: (a) confirmed that there is no room in the said plastic house; and (b) opened the door door of the said plastic house, which was not corrected, on September 24, 2016, at the time of Jinju-si, the Defendant was in the said plastic house which was able to take place between the victim F and the victim F; and (c) carried the door into the said plastic house and stolen the said house with one radio line in the amount equivalent to KRW 100,000,000,000,000

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. C’s statement;

1. C greenhouses and external photographs;

1. Responses to fingerprinted results at criminal scene;

1. Police seizure records;

1. A written statement;

1. The F greenhouse and external photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (verification of previous convictions and attachment of repeated crimes and date of expiration of term of punishment);

1. Relevant Article 319 of the Criminal Act concerning facts constituting an offense, Article 329 of the Criminal Act, and Article 330 of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated Criminal Act for concurrent crimes.